Letter of the State Minister for Environmental Affairs No. B1634/MENLH/9/2001 dated September 24, 2001 on amendment to decree of the minister of trade and industry.
THE AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 111/MPP/Kep/1/1998 ON AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 230/MPP/Kep/7/1997 CONCERNING GOODS SUBJECTED TO IMPORT CONTROL ALREADY AMENDED BY DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 411/MPP/Kep/9/1998.
1. To amend Article 5B of decree of the Minister of Industry and Trade No. 111/MPP/Kep/1/1998, which has been amended by Decree of the Minister of Industry and Trade No. 411/MPP/Kep/9/1998-set forth in Article I paragraph 1 so that it reads as follows:
"Article 5B
(1) CFC-11 (HS 2903.41.000), CFC-12 (HS 2903.42.000), CFC-113 (HS 2903.43.000), CFC-114 (HS 2903.44.000), and CFC-115 (HS 2903.44.000) shall still be allowed for being imported up to December 31st, 2007 through a Registered Importer (IT-CFC) and through a Producer & Importer (IP-CFC).
(2) IT-CFC is a registered importer of CFC, who is not producer and owner of General Importer ID (API-U) being delegated specifically to import CFC and acting as distributor who distribute the imported CF to other companies requiring CFC, which are final users.
(3) IT-CFC, as set forth in paragraph (2) includes:
(4) Time of shipment, quantity and type of CFC, which can be imported shall be determined by the director general for international commerce of the department of trade and industry (Dirjen PLN).
(5) For-every import, the IT-CFC must furnish a letter of application for import approval to the Dirjen PLN and shall furnish recommendation from the Food and Drug Supervisory Agency (POM) and/or the director general for chemical industry, agribusiness, and forest produce (Dirjen IKAHH).
(6) Distribution of CFC by IT-CFC must be reported in writing to Dirjen PLN with copies furnished to the state minister for environmental affairs, head of food and drug supervisory agency, Dirjen IKAHH not later than fifteen (15) days after distribution of CFC to final users, using the format of report of distribution of CFC as specified in Annex I to this decree.
(7) The IP-CFC, as set forth in paragraph (1), is importer & producer acknowledged by Dirjen PLN and who has been approved to self-import CFC as raw materials and/or auxiliary materials, which are required only for process of production, and CFC shall not be sold/purchased or assigned.
(8) In order to obtain acknowledgment as IP-CFC, a relevant company must file an application to Dirjen PLN with copies furnished to Dirjen IKAHH, the state minister for environmental affairs, and head of food and drug agency complete with the following documents:
(9) Format of acknowledgment as IP-CFC is as specified in Annex II to this decree.
(10) Validity period of acknowledgment as IP-CFC is one (1) years from designation, and it can be renewed.
(11) Approval of or rejection to application for import approval from IT-CFC, as set forth in paragraph (6) and application for acknowledgment as IP-CFC, as set forth in paragraph (8) shall be decided not later than ten (10) working days from receipt of the application.
(12) IT-CFC and IP-CFC must furnish report on realization of import to Dirjen PLN, attn. Director for Import with copies furnished to Dirjen IKAHH, head of food and drug supervisory agency, and the state minister for environmental affairs for each import activity not later than ten (10) working days after withdrawal of the goods from destination harbor.
(13) Report on realization of import, as specified in paragraph (12) shall be submitted in the form of import realization control card for each activity of import, as specified in Annex III to this decree.
(14) Regarding implementation or non-implementation of import of CFC, IT-CFC and IP-CFC must furnish a report in writing to Dirjen PLN, attention the Director for Import, with copies furnished to Dirjen IKAHH, head of food and drug supervisory agency, and the state minister for environmental affairs every three (3) months from date of issuance of appointment as IT-CFC and acknowledgment as IP-CFC.
(15) Violations against the provisions of this decree can be imposed by sanction of annulment of appointment as IT-CFC or acknowledgment as IP-CFC, and annulment of Importer Identity.
(16) Goods imported by IT-CFC or IP-CFC, which are not in accordance with regulations, must be re-exported.
(17) Methyl Bromide (HS No. 2903.30.000), as specified in Annex I of No. 3 of decree of the minister of trade and industry No. 111/MPP/Kep/1/1998 as long as it is used as fumigant for quarantine activity, used in the warehouse and during pre-shipment, shall be allowed to be imported through a Registered Importer (IT-CFC).
(18) The companies appointed as a Registered Importer (IT), as set forth in paragraph (17), are:
(19) Every implementation of import activity by Registered Importers (IT), as specified in paragraph (8), must acquire the approval of Dirjen PLN in compliance with the opinion of Dirjen IKAHH.
(20) Every implementation by Registered Importers (IT), as set forth in paragraph (19), must acquire the approval of Dirjen PLN based on considerations of the minister of agriculture."
2. Other provisions of decree of the minister of trade and industry No. 411/MPP/Kep/9/1998 shall be declared still applicable.
This decree comes into full force and effect from the date of stipulation.
For public cognisance, this decree shall be announced by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 2nd, 2002
THE MINISTER OF INDUSTRY AND TRADE
sgd
RINI M. SUMARNO SOEWANDI